The process of Deemed Conveyance in Maharashtra is intended to transfer the legal ownership of land and building from the developer to the cooperative housing society or flat owners, when the developer fails to do so within a prescribed period. The Maharashtra Ownership Flats (MOF) Act, 1963 and the Maharashtra Cooperative Societies Act govern this process.
Note: The information and time frame mentioned here is tentative and it may differ case to case and documents availability. Society member has to get Legal Person advise for precise and proper guidance.
Here’s a detailed overview of the time frame, steps, and procedures for obtaining a Deemed Conveyance order in Maharashtra:
Time Frame for Deemed Conveyance:
The overall time frame for completing the deemed conveyance process typically ranges from 6 months to 1 year, depending on factors like the responsiveness of the authorities, the complexity of the case, and any legal or procedural delays. Below is a breakdown of the stages:
- Filing the Application: Once the flat owners’ society applies for deemed conveyance, the application can take 3 to 6 months for initial processing by the District Deputy Registrar of Cooperative Societies.
- Hearing and Order: After the application is processed and a hearing is held (if required), it may take an additional 2 to 3 months for the Deputy Registrar to pass an order for deemed conveyance.
- Execution and Registration: The final execution of the conveyance deed and its registration with the Sub-Registrar can take an additional 1 to 2 months after the order is passed.
Thus, in total, the process can take anywhere between 6 months and 1 year, depending on how promptly the society and the developer respond, as well as the efficiency of the authorities.
Steps and Procedures for Obtaining a Deemed Conveyance Order:
Step 1: Check the Developer’s Failure to Convey the Property
- According to the Maharashtra Ownership Flats (MOF) Act, 1963, the developer must convey the land and building to the society within four months from the formation of the society. If the developer fails to do so within this time, the society can apply for deemed conveyance.
Step 2: Prepare Necessary Documentation
The housing society must gather all relevant documents for the application process. These documents include:
- Society’s Registration Certificate.
- Letter of Occupancy/Completion Certificate from the municipal corporation.
- Sanctioned Building Plan.
- Agreement of Sale signed by the developer and each flat purchaser.
- Receipts of Payments made to the developer.
- Share Certificate issued to flat owners by the society.
- No Objection Certificates (NOCs) from other relevant authorities (e.g., Pollution Control Board, Water Supply Board).
- Property Tax Receipts.
- Developer’s No-Objection Letter (if the developer cooperates).
The more proper and organized the documentation, the quicker the process can move forward.
Step 3: Application to the District Deputy Registrar
- After gathering all the required documents, the society applies to the District Deputy Registrar of Cooperative Societies for deemed conveyance. The application should be submitted in the prescribed format, which can be obtained from the registrar’s office or the Maharashtra State Cooperative Societies website.
- Along with the application, a fee is paid (the fee amount varies based on the size of the project).
Step 4: Issue of Show-Cause Notice to the Developer
- The District Deputy Registrar issues a show-cause notice to the developer or builder asking why the conveyance has not been executed and why the society should not be granted the conveyance order.
- The developer typically has 15 days to respond. If the developer fails to respond or contest the application, the process proceeds.
Step 5: Hearing (if necessary)
- If the developer contests the application or raises objections, a hearing is conducted by the Deputy Registrar. Both the society and the developer can present their case. If the developer fails to appear or provide a valid reason, the Deputy Registrar will proceed with issuing the deemed conveyance order.
- The hearing stage typically takes about 1 to 2 months.
Step 6: Deemed Conveyance Order
- If the District Deputy Registrar is satisfied with the society’s application and documentation, they will issue a Deemed Conveyance Order. This order is issued under Section 11(3) of the Maharashtra Ownership Flats Act, 1963, and it transfers the property from the developer to the cooperative society.
- The Deemed Conveyance Order will officially state that the property now legally belongs to the housing society.
Step 7: Execution of Conveyance Deed
- Once the order is issued, the society and the developer must execute the conveyance deed. The deed will contain details such as the name of the society, the developer, and the terms of the conveyance. It will also specify the land and building details, ensuring that ownership is transferred.
- The conveyance deed must then be registered with the Sub-Registrar of Assurances at the local registrar office. This registration formally transfers ownership to the society.
Step 8: Registration of the Conveyance Deed
- After the conveyance deed is signed, it is registered with the Sub-Registrar under the Indian Registration Act, 1908. The society can now legally claim ownership of the land and building.
- The registration typically takes 1 to 2 months, depending on the availability of the Sub-Registrar’s office and the smoothness of the documentation process.
Important Considerations:
- Time Delay: The process can be delayed if the developer raises objections, provides incomplete documents, or fails to cooperate. In such cases, the process could extend by several months.
- Legal Representation: It is advisable for the society to engage a legal expert or lawyer experienced in property and cooperative society law to guide them through the procedure.
- Regular Follow-ups: The society must follow up regularly with the Deputy Registrar’s office to ensure timely processing of the application.
- Developer’s Cooperation: The process is much smoother if the developer is cooperative and does not contest the application.
Outcomes:
The process of deemed conveyance in Maharashtra generally takes between 6 months to 1 year, depending on the complexity of the case and the developer’s response. It is essential for the society to gather all the required documents and follow the procedure carefully to ensure smooth and timely transfer of the property. The District Deputy Registrar plays a crucial role in processing the application, issuing the order, and ensuring that the conveyance deed is executed and registered.
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